HomeMy WebLinkAbout027972 RES - 12/09/2008Page 1 of 3
A RESOLUTION
APPROVING A BUSINESS INCENTIVE AGREEMENT BETWEEN THE
CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT
CORPORATION AND BAYSHORE TECHNOLOGY HOLDINGS, LLC,
WHICH AUTHORIZES GRANTS UP TO $1,711,000 FOR THE
CREATION OF FULL TIME JOBS IN CORPUS CHRISTI RELATED TO
THE DEVELOPMENT AND MARKETING OF THERMAL AND NON -
THERMAL PLASMA MEDICAL AND STERILIZATION DEVICES AND
GAS TO LIQUID AND COAL TO GAS TECHNOLOGIES; AUTHORIZING
THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A BUSINESS
INCENTIVE PROJECT SUPPORT AGREEMENT WITH THE CORPUS
CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION
REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE
BAYSHORE TECHNOLOGY HOLDINGS, LLC, BUSINESS INCENTIVE
AGREEMENT
WHEREAS, the Corpus Christi Business and Job Development Corporation ("4A
Board") has budgeted funds to assist business in Corpus Christi, Texas.
WHEREAS, in 2007, the 4A Board requested proposals and determined that the
proposal from Bayshore Technology Holdings, LLC, ("Bayshore"), best provided
assistance for business support;
WHEREAS, City Council deems that it is the best interest of the City and citizens to
approve the business incentive project support agreement; and
WHEREAS, there is a need for a business incentive project support agreement
between the City of Corpus Christi ("City") and the 4A Board for the implementation and
administration of the business incentive agreement with Bayshore for the development
and marketing of thermal and non -thermal plasma medical and sterilization devices and
gas to liquid and coal to gas technologies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the business incentive agreement between the 4A Board and
Bayshore, which authorizes grants up to $1,711,000 for the creation of full time jobs in
Corpus Christi related to the development and marketing of thermal and non -thermal
pled sterilization_ievicesand gas to liquid and coal to gas technologies
and which is attached to this resolution as Exhibit A, is approved.
SECTION 2. That the City Manager, or designee, is authorized to execute a project
support agreement between the City and 4A Board for the implementation and
administration of the business incentive agreement with Bayshore for the development
and marketing of thermal and non -thermal plasma medical and sterilization devices and
gas to liquid and coal to gas technologies, which is attached to this resolution as Exhibit
B.
027972
RESOLUTION -- Business Agreement -- Bayshore 12012008.doc
ATTEST:
Armando hapa
Page 2 of 3
CITY OF CORPUS CHRISTI
He
City Secretary Mayor
APPROVED as to form: December oL , 2008
R. Jay Reining
First Assistant City Attorney
For the City Attorney
RESOLUTION -- Business Agreement -- Bayshore 12012008.doc
Corpus C,risti, Texas
f /:li efigthA , 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper , /b4 -
Larry Elizondo, Sr. ,4ke,K4-
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
027972
RESOLUTION -- Business Agreement -- Bayshore 12012008.doc
Page 3 of 3
BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI
BUSINESS AND JOB DEVELOPMENT CORPORATION AND BAYSHORE
TECHNOLOGY HOLDINGS, LLC, FOR THE DEVELOPMENT AND MARKETING OF
THERMAL AND NON -THERMAL PLASMA MEDICAL AND STERILIZATION
DEVICES
This Business Incentive Agreement for ("Agreement") is entered into between the
Corpus Christi Business and Job Development Corporation ("Corporation") and
Bayshore Technology Holdings, LLC, a Texas limited liability corporation ("Bayshore").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City")
passed Proposition 2, New and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax for the promotion and development of new and
expanded business enterprises at the rate of one-eighth of one percent to be imposed
for 15 years;
WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was
subsequently enacted by the City Council and filed with the State Comptroller of Texas,
effective April 1, 2003, to be administered by the Corpus Christi Business and Job
Development Corporation Board;
WHEREAS, the Corpus Christi Business and Job Development Corporation exists for
the purposes of encouraging and assisting entities in the creation of jobs for the citizens
of Corpus Christi, Texas;
WHEREAS, the Board of Directors of the Corporation ("Board"), on September 10,
2007, amended the Corporation's Guidelines and Criteria for Granting Business
Incentives;
WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6,
Vernon's Texas Revised Civil Statutes, requires the City Council to approve all
programs and expenditures of the corporation;
WHEREAS, the City Council approved the Corporation's amended Guidelines and
Criteria for Grantin. Business Incentives on September 18, 2007;
WHEREAS, Bayshore is a Texas limited liability corporation whose principal mission is
the development and marketing of thermal and non -thermal plasma medical devices
and gas to liquid and coal to gas technologies;
WHEREAS, the Board has determined that it is in the best interests of the citizens of
Corpus Christi, Texas that business development funds be provided to Bayshore,
through this contract with Bayshore, to be used by Bayshore for the development and
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BUSINESS INCENTIVE AGREEMENT -- Bayshore Technology Holdings -- 12022008LA.doc
Exhibit A
marketing of thermal and non -thermal plasma medical and sterilization devices and gas
to liquid and coal to gas technologies, which will result in creation of minimum of 148
new full-time permanent jobs up to 295 new full-time permanent jobs in the city of
Corpus Christi.
In consideration of the covenants, promises, and conditions stated in this Agreement,
Corporation and Bayshore agree as follows:
1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest
date that either party executes this Agreement.
2. Term. The term of this Agreement is for one year from January 1, 2009, through
December 31, 2009. This agreement may be extended at the option of the Corporation
for up to four additional one year terms, contingent upon annual appropriation of funds
and approval of the City Council.
3. Performance Requirements and Grants.
a. Bayshore, through its subsidiaries, Plasma Technologies, Inc., shall research,
develop, and commercialize thermal and non -thermal plasma medical and
sterilization devices.
b. Bayshore, through its subsidiary, CGL, Inc., shall research, develop, and
commercialize gas to liquid and coal to gas technologies. Gas to liquid
technology is partial oxidation or direct non -catalytic oxidation of methane and its
homologies to methanol, formaldehyde, and other oxygenates (DMTM). Coal to
gas technology is plasma assisted conversion of powdered coal into liquid fuel or
hydrogen rich gas (syngas).
c. Bayshore will maintain its administration, marketing, sales, and engineering
headquarters in Corpus Christi.
d. Bayshore, through its subsidiaries, Plasma Technologies, Inc., and CGL, Inc.,
shall create the following new, full-time jobs within the City, with an average
annual salary of $61,000.00:
Year Number of New Jobs
2009 26
2010 22
2011 36
2012 51
2013 13
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BUSINESS INCENTIVE AGREEMENT -- Bayshore Technology Holdings -- 12022008LA.doc
e. The Corporation will award a grant of $5,800.00 for each new job created and
retained. Following is the minimum number of jobs to be created each year:
Year Number of New Jobs Total Grants Available
2009 26 $150,800.00
2010 22 $127,600.00
2011 36 $208,800.00
2012 51 $295,800.00
2013 13 $75,400.00
4. Job Creation Qualification.
a. In order to count as a created job under this Agreement, the job must pay
wages as required by Section 38(b) of the Development Corporation Act of 1979,
as amended, which is the median wage of the occupation in the Corpus Christi
MSA as determined by Texas Workforce Commission's Texas Industry Profiles
report.
b. A full-time permanent job is one that provides at least 2,080 hours annually.
c. Bayshore agrees to confirm and document to the Corporation that each job
created as a result of funding provided by this Agreement is maintained
throughout the term of the loan to the Business.
d. Bayshore agrees to provide Corporation with a sworn certificate by authorized
representative of each shall business assisted under this Agreement certifying
the number of full-time permanent employees employed by the business.
e. Bayshore shall ensure that the Corporation is allowed reasonable access to
personnel records of the Business assisted under this Agreement.
5. Buy Local Provision.
a. Bayshore agrees4o-useits_best efforts to give preference -and priority to local
manufacturers, suppliers, contractors, and labor, except where not reasonably
possible to do so without added expense, substantial inconvenience, or sacrifice
in operating efficiency.
b. For the purposes of this section, the term "local" as used to describe
manufacturers, suppliers, contractors, and labor includes firms, businesses, and
persons who reside in or maintain an office within a 50- mile radius of Nueces
County.
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BUSINESS INCENTIVE AGREEMENT -- Bayshore Technology Holdings -- 12022008LA.doc
6. Warranties. Bayshore warrants and represents to Corporation the following:
a. Bayshore is a corporation duly organized, validly existing, and in good
standing under the laws of the State of Texas, has all corporate power and
authority to carry on its business as presently conducted in Corpus Christi,
Texas.
b. Bayshore has the authority to enter into and perform, and will perform, the
terms of this Agreement.
c. Bayshore has timely filed and will timely file all local, State, and Federal tax
reports and returns required by laws to be filed and all Texas, assessments, fees,
and other governmental charges, including applicable ad valorem taxes, have
been timely paid, and will be timely paid , during the term of this Agreement.
d. Bayshore has received a copy of the Texas Development Corporation Act of
1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, and acknowledges that
the funds granted in this Agreement must be utilized solely for purposes
authorized under State law and by the terms of this Agreement.
e. If an audit determines that the funds were not used for authorized purposes,
Bayshore agrees to reimburse Corporation for the sums of money spent for
purposes not authorized by law within 30 days written notice requesting
reimbursement.
f. The parties executing this Agreement on behalf of Bayshore are duly
authorized to execute this Agreement on behalf of Bayshore.
7. Compliance with Laws. Bayshore shall observe and obey all applicable laws,
ordinances, regulations, and rules of the Federal, State, county, and city governments.
8. Non -Discrimination. Bayshore covenants and agrees that Bayshore will not
discriminate nor permit discrimination against any person or group of persons, with
regard to employment and the provision of services at, on, or in the Facility, on the
grounds of race, religion, national origin, marital status, sex, age, disability, or in any
manner prohibited by the laws of the United States or the State of Texas.
9. Force Majeure. If the Corporation or Bayshore are prevented, wholly or in part, from
fulfilling its obligations under this Agreement by reason of any act of God, unavoidable
accident, acts of enemies, fires, floods, governmental restraint orregulation, other
causes of force majeure, or by reason of circumstances beyond its control, then the
obligations of the Corporation or Bayshore are temporarily suspended during
continuation of the force majeure. If either party's obligation is affected by any of the
causes of force majeure, the party affected shall promptly notify the other party in
writing, giving full particulars of the force majeure as soon as possible after the
occurrence of the cause or causes relied upon.
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BUSINESS INCENTIVE AGREEMENT -- Bayshore Technology Holdings -- 12022008W.doc
10. Assignment. Bayshore may not assign all or any part of its rights, privileges, or
duties under this Agreement without the prior written approval of the Corporation and
City. Any attempted assignment without approval is void, and constitutes a breach of
this Agreement.
11. Indemnity. Bayshore covenants to fully indemnify, save, and hold
harmless the Corporation, the City, their respective officers,
employees, and agents ("Indemnitees") against all liability, damage,
loss, claims demands, and actions of any kind on account of personal
injuries (including, without limiting the foregoing, workers'
compensation and death claims), or property loss or damage of any
kind, which arise out of or are in any manner connected with, or are
claimed to arise out of or be in any manner connected with Bayshore
activities conducted under or incidental to this Agreement, including
any injury, loss or damage caused by the sole or contributory
negligence of any or all of the Indemnitees. Bayshore must, at its
own expense, investigate all those claims and demands, attend to
their settlement or other disposition, defend all actions based on
those claims and demands with counsel satisfactory to Indemnitees,
and pay all charges of attorneys and all other cost and expenses of
any kind arising from the liability, damage, loss, claims, demands, or
actions.
12. Events of Default. The following events constitute a default of this Agreement:
a. Failure of Bayshore to timely, fully, and completely comply with any one or
more of the requirements, obligations, duties, terms, conditions, or warranties of
this Agreement.
b. The Corporation or City determines that any representation or warranty on
behalf of Bayshore contained in this Agreement or in any financial statement,
certificate, report, or opinion submitted to the Corporation in connection with this
Agreement was incorrect or misleading in any material respect when made;
c. Any judgment is assessed against Bayshore or any attachment or other levy
against the property of Bayshore with respect to a claim remains unpaid,
undischarged, or not dismissed for a period of 30 days.
d. Bayshore makes an assignment for the benefit of creditors.
e. Bayshore files a petition in bankruptcy, or is adjudicated insolvent or bankrupt.
f. If taxes owed by Bayshore become delinquent, and Bayshore fails to timely
and properly follow the legal procedures for protest or contest.
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BUSINESS INCENTIVE AGREEMENT -- Bayshore Technology Holdings -- 12022008LA.doc
g. Bayshore changes the general character of business as conducted of the date
this Agreement is approved by the Corporation.
13. Notice of Default. Should the Corporation or City determine that Bayshore is in
default according to the terms of this Agreement, the Corporation or City shall notify
Bayshore in writing of the event of default and provide 60 days from the date of the
notice ("Cure Period") for Bayshore to cure the event of default.
14. Results of Uncured Default. After exhausting good faith attempts to address any
default during the cure Period, and taking into account any extenuating circumstances
that might have occurred through no fault of Bayshore, as determined by the Board of
Directors of the Corporation, the following actions must be taken for any default that
remains uncured after the Cure Period.
a. Bayshore shall immediately repay all funds paid by Corporation under this
Agreement.
b. Bayshore shall pay Corporation reasonable attorney fees and costs of court to
collect amounts due to Corporation.
c. The Corporation shall have no further obligations to Bayshore under this
Agreement.
d. Neither the City nor the Corporation may be held liable for any consequential
damages.
e. The Corporation may pursue all remedies available under law.
15. No Waiver.
a. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Agreement, constitutes a waiver of any subsequent breach of
the covenant or condition of the Agreement.
b. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Agreement, justifies or authorizes the nonobservance on any
other occasion of the covenant or condition or any other covenant or condition of
this Agreement.
c. Any waiver or indulgence of Bayshore' default may not be considered an
estoppel against the Corporation.
d. It is expressly understood that if at any time Bayshore is in default in any of its
conditions or covenants of this Agreement, the failure on the part of the
Corporation to promptly avail itself of the rights and remedies that the
Corporation may have, will not be considered a waiver on the part of the
Corporation, but Corporation may at any time avail itself of the rights or remedies
or elect to terminate this Agreement on account of the default.
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BUSINESS INCENTIVE AGREEMENT -- Bayshore Technology Holdings -- 12022008LA.doc
16. Bayshore specifically agrees that Corporation shall only be liable to Bayshore for
the actual amount of the money grants to be conveyed to Bayshore , and shall not be
liable to Bayshore for any actual or consequential damages, direct or indirect, interest,
attorney fees, or cost of court for any act of default by Corporation under the terms of
this agreement. Payment by Corporation is strictly limited to those funds so allocated,
budgeted, and collected solely during the grant term of this agreement, being January 1,
2009, through December 31, 2009. Corporation shall use its best efforts to anticipate
economic conditions and to budget accordingly. However, it is further understood and
agreed that, should the actual total sales tax revenue collected for any one year be Tess
than the total amount of grants to be paid to all contracting parties with Corporation for
that year, then in that event, all contracting parties shall receive only their pro rata share
of the available sales tax revenue for that year, less Corporation's customary and usual
costs and expenses, as compared to each contracting parties' grant amount for that
year, and Corporation shall not be liable to for any deficiency at that time or at any time
in the future. In this event, Corporation will provide all supporting documentation, as
requested. Payments to be made shall also require a written request from Bayshore to
be accompanied by all necessary supporting documentation.
17. Notices.
a. Any required written notices shall be sent mailed, certified mail, postage
prepaid, addressed as follows:
Bayshore:
Bayshore Technology Holdings, LLC
Attn: Bert Quintanilla, Manager
800 N. Shoreline, Suite 800 S
Corpus Christi, Texas 78401
Corporation:
City of Corpus Christi
Business and Job Development Corporation
Attn.: Executive Director
1201 Leopard Street
Corpus Christi, Texas 78401
b. A copy of all notices and correspondence must be sent the City at the
following address:
City of Corpus Christi
Attn.:City Manager
P.O. Box 9277
Corpus Christi, Texas 78469-9277
c. Notice is effective upon deposit in the United States mail in the manner
provided above.
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BUSINESS INCENTIVE AGREEMENT -- Bayshore Technology Holdings -- 12022008LA.doc
18. Incorporation of other documents. The Corpus Christi Business and Job
Development Corporation Guidelines and Criteria for Granting Business Incentives
("Corporation Guidelines"), as amended, are incorporated into this Agreement.
19. Amendments or Modifications. No amendments or modifications to this Agreement
may be made, nor any provision waived, unless in writing signed by a person duly
authorized to sign agreements on behalf of each party.
20. Relationship of Parties. In performing this Agreement, both the Corporation and
Bayshore will act in an individual capacity, and not as agents, representatives,
employees, employers, partners, joint -venturers, or associates of one another. The
employees or agents of either party may not be, nor be construed to be, the employees
or agents of the other party for any purpose.
21. Captions. The captions in this Agreement are for convenience only and are not a
part of this Agreement. The captions do not in any way limit or amplify the terms and
provisions of this Agreement.
22. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Agreement or the application of this Agreement to any
person or circumstance is, to any extent, held illegal, invalid, or unenforceable
under present or future law or by a final judgment of a court of competent
jurisdiction, then the remainder of this Agreement, or the application of the term
or provision to persons or circumstances other than those as to which it is held
illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it
is the definite intent of the parties to this Agreement that every section,
paragraph, subdivision, clause, provision, phrase, or word of this Agreement be
given full force and effect for its purpose.
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Agreement, then the remainder of this Agreement is not affected by the law, and
in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or
provision, as similar in terms to the illegal, invalid, or unenforceable clause or
provision as may be possible and be legal, valid, and enforceable, will be added
to this Agreement automatically.
23—Venue—Venue-for-arty legal -action related to this Agreement -is in-Nuec-es-County,
Texas.
24. Sole Agreement. This Agreement constitutes the sole agreement between
Corporation and Bayshore. Any prior agreements, promises, negotiations, or
representations, verbal or otherwise, not expressly stated in this Agreement, are of no
force and effect.
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BUSINESS INCENTIVE AGREEMENT -- Bayshore Technology Holdings -- 12022008LA.doc
Corpus Christi Business & Job Development Corporation
By:
Date:
Attest:
By:
Eloy Salazar
Chairperson
Armando Chapa
Assistant Secretary
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BUSINESS INCENTIVE AGREEMENT -- Bayshore Technology Holdings -- 12022008LA.doc
Bayshore Technology Holdings, LLC
By:
Date:
Bert Quintanilla
Manager
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on 2008, by
Bert Quintanilla, Manager, Bayshore Technology Holdings, LLC, a Texas limited liability
corporation, on behalf of the corporation.
Notary Public
State of Texas
Page 10 of 10
BUSINESS INCENTIVE AGREEMENT -- Bayshore Technology Holdings -- 12022008LA.doc
BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT
This Business Incentives Project Service Agreement ("Project Service Agreement") is
entered into between the Corpus Christi Business and Job Development Corporation
("Corporation") and the City of Corpus Christi, Texas ("City").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and
Expanded Business Enterprises, which authorized the adoption of a sales and use tax
for the promotion and development of new and expanded business enterprises at the
rate of one-eighth of one percent to be imposed for 15 years;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was
subsequently enacted by the City Council and filed with the State Comptroller of Texas,
effective April 1, 2003, to be administered by the Corporation's Board of Directors;
WHEREAS, the Corporation exists for the purposes of encouraging and assisting
entities in the creation of jobs for the citizens of Corpus Christi, Texas;
WHEREAS, the Board of Directors of the Corporation ("Board"), on September 10,
2007, amended the Corporation's Guidelines and Criteria for Granting Business
Incentives;
WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6,
Vernon's Texas Revised Civil Statutes, requires the City Council to approve all
programs and expenditures of the Corporation;
WHEREAS, the City Council approved the Corporation's amended Guidelines and
Criteria for Granting Business Incentives on September 18, 2007;
WHEREAS, Bayshore Technology Holdings, LLC, has submitted a proposal to the
Corporation for $858,400 for the development and marketing of thermal and non -
thermal plasma medical and sterilization devices and gas to liquid and coal to gas
technologies;
WHEREAS, the Board has determined that it is in the best interests of the citizens of
Corpus Christi, Texas, to fund the Bayshore Technology Holdings, LLC,'s the
development and marketing of thermal and non -thermal plasma medical and
sterilization devices and gas to liquid and coal to gas technologies; and
WHEREAS, the Corporation and Bayshore Technology Holdings, LLC, have executed a
business incentive project agreement for the development and marketing of thermal and
non-thermal'plasma medical and sterilization devices and gas to liquid and coal to gas
technologies.
Project Support Agreement 4A -City -- Bayshore 12012008.doc
Page 1 of 3
Exhibit B
In consideration of the covenants, promises, and conditions stated in this Project
Service Agreement, the Corporation and the City agree as follows:
1. Project Service Agreement to Implement Business Incentives Agreement. This
Project Service Agreement between the City and the Corporation is executed to
implement the Business Incentive Agreement for the development and marketing of
thermal and non -thermal plasma medical and sterilization devices and gas to liquid and
coal to gas technologies between the Corporation and Bayshore Technology Holdings,
LLC, ("Business Incentive Agreement").
2. Term. The term of this Project Service Agreement runs concurrently with the term of
the Business Incentive Agreement.
3. Services to be Provided by City.
a. The City Manager, or the City Manager's designee, shall administer funding
on behalf of the Corporation.
b. The City Manager, or the City Manager's designee, shall perform contract
administration responsibilities outlined in the Business Incentive Agreement for
the Corporation.
4. Appropriation of Funds. Any future payments by the City are subject to
appropriation of funds by City's Council.
5. Effective Date. The effective date of this Project Service Agreement is the latest
date that either party executes this Agreement.
6. Amendments or Modifications. No amendments or modifications to this Project
Service Agreement may be made, nor any provision waived, unless in writing signed by
a person duly authorized to sign agreements on behalf of each party.
7. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Project Service Agreement or the application of this
Project Service Agreement to any person or circumstance is, to any extent, held
illegal, invalid, or unenforceable under present or future law or by a final
judgment of a court of competent jurisdiction, then the remainder of this Project
Service Agreement, or the application of the term or provision to persons or
circumstances other than those as to which it is held illegal, invalid, or
unenforceable, will not be affected by the law or judgment, for it is the definite
intent of the parties to this Project Service Agreement that every section,
paragraph, subdivision, clause, provision, phrase, or word of this Project Service
Agreement be given full force and effect for its purpose.
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this Project
Page 2 of 3
Project Support Agreement 4A -City -- Bayshore 12012008.doc
Service Agreement, then the remainder of this Project Service Agreement is not
affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or
provision, a clause or provision, as similar in terms to the illegal, invalid, or
unenforceable clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Project Service Agreement automatically.
8. Captions. The captions in this Project Service Agreement are for convenience only
and are not a part of this Project Service Agreement. The captions do not in any way
limit or amplify the terms and provisions of this Project Service Agreement.
The City of Corpus Christi Corpus Christi Business &
Job Development Corporation
'Angel R. Escobar Eloy Salazar
Interim City Manager Chairperson
Date: Date:
Attest
Armando Chapa
City Secretary
Approved as to Legal Form: December , 2008.
R. Jay Reining
First Assistant City Attorney
for City Attorney
Project Support Agreement 4A -City -- Bayshore 12012008.doc
Page 3 of 3
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7 & 8)
I, the Director of Finance of the City of Corpus Christi, Texas (or his/her duly authorized
representative), hereby certify to the City Council and other appropriate officer that the
money required for the contract, agreement, obligation or expenditure described below is
in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and
has not been appropriated for any other purpose.
City Council Action Date: December 9, 2008
Agenda Item:
Resolution approving a business incentive agreement between the Corpus Christi
Business and Job Development Corporation and Bayshore Technology Holdings, LLC,
which authorizes grants up to $1,711,000 for the creation of full time jobs in Corpus Christi
related to the development and marketing of thermal and non -thermal plasma medical and
sterilization devices and gas to liquid and coal to gas technologies; authorizing the City
Manager, or designee, to execute a business incentive project support agreement with the
Corpus Christi Business and Job Development Corporation regarding implementation and
administration of the Bayshore Technology Holdings, LLC, business incentive agreement.
Amount Required:
Fund Name
Fund No.
Org. No.
Account
No.
Project No.
Amount
Cosi,_,ass /Toa uw
111-10
/S0io
530000
—
/SA sCJ
Total
$15-0, 2-00
Certification Not Required
eez m - Z -a-, 'P . 4 ,• - c -i ' J
Director of Financial Services
Date: